Emergency Child Custody
What Is Emergency Child Custody?
Emergency child custody is special type of child custody arrangement that is granted under circumstances of emergency or immediate need. This is somewhat similar to an emergency protective order, in which the court provides rapid response in order to address as a pressing need or to resolve an emergency situation.
In most cases, emergency custody is granted as a form of temporary guardianship, in which a non-parent is granted custody of a child for a short period of time until the situation can be resolved. After the conditions have changed, the court may then engage in a more extensive custody determination in order to formulate a more permanent order.
When Is Emergency Custody Granted?
Emergency custody is typically granted cases of extremely urgent need. This can include situations where:
- One or both of the child’s parents have become deceased, incapacitated, incarcerated, or otherwise unable to care for the child
- The child’s parents cannot be located
- The child has been placed in a situation of extreme neglect
- The child has been subject to abuse or domestic violence
Therefore, emergency custody orders often involve much interaction with agencies such as child protection services or other similar entities.
Who Can an Emergency Custody Be Granted to?
Emergency custody can be granted to various persons who are eligible to serve as a legal guardian for the child. This can include other relatives, grandparents, foster parents, step parents, and other persons who are qualified to hold third party custody rights. Again, these parties will usually hold temporary custody rights until a more permanent guardian can be agreed upon.
Do I Need a Lawyer for Help with an Emergency Child Custody Order?
Emergency or temporary custody orders often require immediate action and attention. You may need to hire a lawyer if you need prompt assistance regarding child custody issues. Your attorney can advise you on how the custody process works, and can also help you resolve any issues that might arise during the legal process.
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Last Modified: 01-14-2014 01:44 PM PST
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